Legal Question in Juvenile Dependency in Germany

Failed Adoption

American citizen, European employed and German

National wife of 10 years adopted niece of husband,

took her from California to Germany to live. After 7

years adoption is miserable for all concerned. Niece

now 16 is a runaway who wants to return to live with

California Grandmother. Birth Mother refused to permit

that, prior to adoption. Adoptive parents have

reported runaway to Police, tell Grandmother German

law will not permit teen to leave Germany until she is

18. Teen is threatening suicide. (Close relative age

15 comitted suicide Oct. 1999.) Adoptive Mother said

teen made her choice and she can live with it. What

can Grandmother do? Is 16 legal adult in Germany? If

I send plane ticket she has no passport, parents say

Germany will press legal action against me (her Cal.

Grandmother) and they ''refuse to consider allowing me

to get involved.'' They have not been able to find teen

since 12/31/2001. Final adoption papers were never

filed in U.S. according to their attorney in

California. I'm desperately concerned about this child

and believe she's in great danger. Have modest income.

What can I do? I want this child. Please advise

about laws and issues of concern.


Asked on 1/15/02, 3:51 am

1 Answer from Attorneys

David Diamond Diamond & Associates

Re: Failed Adoption

If circumstances have changed since the last dependency court order, we can help by filing a Petition pursuant to Welfare and Institutions Code section 388 to ask for a different set of orders from the juvenile court judge; you can petition the court to become the child's legal guardian. Of course, there are always many, many facts in dependency court cases and they are usually quite complex. We would need a lot more information from you, and from the dependency court file to determine exactly what the status is now and whether or not you have action to bring. We are California criminal/dependency court attorneys, thus, we are unaware of the legal age in Germany. Please call to further discuss.

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Answered on 1/15/02, 1:24 pm


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